TERMS OF SERVICE
General Terms and Conditions of Yes Master! GO
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS RULES, LIMITATIONS, EXCLUSIONS, THE GOVERNING LAWS AND REGULATIONS FOR YOUR USE OF THIS PORTAL SITE.
BY CONTINUING USING THIS PORTAL SITE, YOU agree to be bound by these Terms and Conditions including all FUTURE changes and revisions to these Terms and Conditions.
If you have any questions about these Terms AND CONDITIONS OF SERVICE, please contact Yes Master! GO by email at firstname.lastname@example.org or BY MAIL to Room 606, 6/F.,Genplas Industrial Building, 56 Hoi Yuen Road, Kwun Tong, Kowloon, Hong Kong
Last Updated: December 12, 2016
1. Key Terms of Service
1.1Yes Master! GO provides an online platform that links listing providers who have accommodations to rent with guests seeking to rent such accommodations (collectively, "Services"), which Services are accessible at www.yesmastergo.com and any other websites through which Yes Master! GO makes the Services available (collectively, "Site") and as applications for mobile phones, computer tablets and other smart devices and application program interfaces (collectively, "Application").
1.2 If you are using the Site or Application or Services, these terms and conditions of service (“Terms”) are between you and Yes Master! GO.
1.4 In case that you use any other site(s) operated by Yes Master! GO or its affiliates, you also agree to be bound by the separate terms and conditions of that site, which may have additional or other terms. Further, in some cases, we and the Listing Provider(s) (as defined below) may enter into a separate written agreement or contract providing additional terms and conditions of such user’s use of this Site, Application or Services and incorporating these Terms by reference.
1.5 In addition, certain areas of the Site, Application, Services or Collective Content may have different terms and conditions, standards, guidelines, or policies posted which may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
1.6 If you do not agree to these Terms or otherwise unable to enter into legally binding contracts, you are not authorized to access or otherwise use the Site, Application or Services.
2. Key Definitions
"Accommodation" means residential and other properties for lodging.
"Accommodation Fees" means the amounts that are due and payable by a Guest in exchange for that Guest's stay in an Accommodation. The Listing Provider(s) alone, and not Yes Master! GO, is responsible for the Accommodation Fees for his/her/their Listing. The Listing Provider(s) may in his/her/their sole discretion decide to include in the Accommodation Fees any reasonable fees e.g. cleaning fees, or Taxes that the Listing Provider(s) determine(s) that he/she/they has/have to collect.
"Booking Request Period" means the time period starting from the time when a booking is requested by a Guest until which a Listing Provider may decide whether to confirm or reject that booking request, as determined by Yes Master! GO in its sole discretion and stated on the Site, Application or Services. Different Listings may have different Booking Request Periods.
"Collective Content" means Member Content and Yes Master! GO Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Guest" means a Member who requests a booking of a Listing via the Site, Application or Services, or a Member and/or any person(s) together with the Member who stay(s) at an Accommodation for the associated Listing.
"Guest Fees" means the fee that Yes Master! GO charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Net Accommodation Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Listing Provider.
"Listing" means an Accommodation that is listed as available for rental via the Site, Application, and Services.
“Listing Provider” means a provider who provide a Listing via the Site, Application and Services.
"Member" means a person who completes Yes Master! GO’s account registration process, including but not limited to a Guest and a Listing Provider, as described under the section "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Yes Master! GO promotional campaign to be made available through the Site, Application or Services.
“Net Accommodation Fees” means the Accommodation Fees net of all applicable taxes, bank charges, refunds or allowances, if any for the relevant booking.
“Overstay” means any period of stay of the Guest in the Accommodation that is later than the checkout time specified in the Listing or otherwise agreed between the Listing Provider and the Guest in the confirmed booking.
"Payment Method" means a payment method that you have registered with your Yes Master! GO Account, such as a credit card, or PayPal.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, any other fees that Accommodation providers may be required by law, by reason of providing Accommodation to Guest(s), to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
"Total Fees" means collectively the Accommodation Fees and the Guest Fees plus any Taxes.
“User” means any user of the Site, Application or Services.
"Yes Master! GO", “we”, “our” or “us” mean the business entity operating the Site, Application and Services.
"Yes Master! GO Account" means the account that created by any User in registering with Yes Master! GO becoming a Member.
"Yes Master! GO Content" means all Content that Yes Master! GO makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
3. Our Scope of Services
3.1 The Site, Application and Services are designed as an online platform through which you can browse different types of lodging and temporary accommodation facilitating the booking of Accommodations. Such Accommodations are included in the Listings on the Site, Application and Services by the Listing Providers. You may view the Listings as an unregistered visitor to the Site, Application and Services. However, you must first register to create a Yes Master! GO Account if you wish to book an Accommodation or to create a Listing.
3.2 All Users are personally responsible for their use of the Site, Application or Services and for any transaction entered into through the Services. Yes Master! GO do not own or manage any property listed on the Site. Instead, the Site acts as a venue to allow the Listing Providers to advertise on the Site and to offer reservations for rooms in the Listings to potential Guests.
3.3 That is, Yes Master! GO makes available an online platform for Guests and Listing Providers to meet online and arrange for bookings of Accommodations directly with each other. Yes Master! GO is not an owner or operator of properties including, without limitation, the Listings, nor is it a provider of properties, including, without limitation, hotel rooms, motel rooms, other lodgings or Accommodations. Unless explicitly specified otherwise in the Yes Master! GO platform, Yes Master! GO’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
3.4 Other than provisions of booking and payment tools for the Listings, Yes Master! GO does not involve in any transaction between Users and is not a party in the contract and/or the transaction made between the Guest(s) and the Listing Provider(s).
3.5 When rendering our services, the information we disclose about Listings is based on the information provided to us by the Listing Providers (including but not limited to the Listings, their representatives, management companies, etc.). As such, the Listings or their representatives are given access to an extranet or other connectivity solution through which they are fully responsible for updating all rates, availability, description, pictures, booking conditions or accommodation policies and other information which is displayed on the Site. Although we will use commercially reasonable skill and care in performing our Services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Listing Providers remains responsible at all times for the accuracy, completeness and correctness of the Listing information displayed on the Site. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. In case of problems, we will use its commercially reasonable efforts to assist you and serve as a point of contact with the Listing Provider.
3.6 You acknowledge and agree that any part of an actual or potential transaction between Users, including the quality, condition, safety, compliance with laws, rules and regulations or legality of the Listings advertised, the truth or accuracy of the Listings (including without limitation its Content or guest book review), the ability of Listing Providers to offer the Listing for Accommodation and/or temporary occupation or the ability of Guests to pay for reserved rooms are solely the responsibility of each User. Whilst we do take certain measures with an aim to assist Users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions.
3.7 As such, the Site, Application and Services are only intended to be used to facilitate Listing Providers and Guests connecting and booking Accommodations directly with each other. Yes Master! GO cannot and does not control the Content contained in any Listings and the condition, legally or suitability of any Accommodations. Yes Master! GO is not responsible for and disclaims any and all liability related to any and all bookings and Listings and Accommodations. Accordingly, any bookings will be made or accepted at the Member’s own risk.
4. Registration of Account
4.1 You must register and create a Yes Master! GO Account in order to access certain features of the Site and Application, and to book an Accommodation or create a Listing. You may register to join the Services directly via the Application or Site.
4.2 Your Yes Master! GO Account and your Yes Master! GO Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one (1) active Yes Master! GO Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Yes Master! GO reserves the right to suspend or terminate your Yes Master! GO Account and your access to the Site, Application and Services if you create more than one (1) Yes Master! GO Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
5. Verification of Identity
5.1 It is difficult to verify identity on internet. We therefore cannot and do not assume any responsibility for the confirmation the purported identity of each User's. We encourage you to communicate directly with the Guest or Listing Providers through the tools available on the Site though even this measure does not assure you of the identity of the person which whom you are communicating.
5.2 You agree to and shall (i) keep your password and User name and your personal email account secure and strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your online identity and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online identity and password if you believe your password for either your Yes Master! GO Account or your personal email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online identity and password. You shall not give anyone access to your online identity and password. In any event, you are solely responsible for any and all transactions that the person performs while using your Yes Master! GO Account or your personal email account, even those transactions that are fraudulent or that you did not intend to be performed.
5.3 You acknowledge and agree that: (i) neither the Site, Yes Master! GO, Yes Master! nor any of its affiliates will have any liability to any user for any unauthorized transaction made using any User’s password; and (ii) the unauthorized use of your online identity and password for either your Yes Master! GO Account or your personal email account could cause you to incur liability to Yes Master! GO, Yes Master! and other Users. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your password for your Yes Master! GO or personal email account is being used in an unauthorized or fraudulent manner.
6. Bookings and Reservations
6.1 The Listing Providers, not Yes Master! GO, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, makes a booking, you agree and understand that you are entering into an agreement with the Listing Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Listing Provider. You acknowledge and agree that you, and not Yes Master! GO, will be responsible for performing the obligations of any such agreements, that Yes Master! GO is not a party to such agreements, and that Yes Master! GO (inclusive of all affiliates) disclaims all liability arising from or related to any such agreements.
6.2 Yes Master Lifestyle Limited handles any and all payments and payouts conducted through or in connection with the Site, Application or Services. The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Listing Provider. The Listing Provider is required to either approve, confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. Upon receipt of your booking request, Yes Master Lifestyle Limited may initiate a pre-authorization and charge a nominal amount to your Payment Method. If a requested booking is automatically cancelled as aforesaid, any amounts collected by Yes Master Lifestyle Limited will be refunded to such Guest, subject to the selections the Guest makes on the Payment Method and its restrictions thereon, if any.
6.3 You as a Guest agree to pay the Total Fees for any booking requested and once it is confirmed, Yes Master Lifestyle Limited will collect the Total Fees. You agree further that under no circumstances shall the number of people be staying in the Listing exceed the number indicated on the confirmed booking.
6.4 Yes Master! GO reserves the right to limit the sales amount of certain products or bookings. Your reservation and booking of Accommodations becomes final when after you have placed your order, this order has been accepted by the corresponding Listing Providers and the notification of confirmation is sent to you electronically by Yes Master! GO.
6.5 All prices confirmed in your order for bookings with Yes Master! GO may include any applicable Taxes, according to valid rates (depending on the requirement of the Listing Provider(s) and local requirements). Please note that the prices that display in Yes Master! GO remain valid at the moment when the customer is confirming the order which may be changed upward or downward thereafter.
6.6 Yes Master! GO's online platform facilitates bookings between Guests and Listing Providers who may prefer to pay in a currency different from their destination currency, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Yes Master! GO platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location. Yes Master! GO may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Listing Providers to the nearest whole functional base unit in which the currency is denominated.
7. Bookings Modification and No-show
7.1 You, as a Guest are responsible for any modifications to a booking that you direct Yes Master! GO to make ("Booking Modifications"), and you agree to pay any Accommodation Fees, Guest Fees, and/or Taxes associated with such Booking Modifications.
7.2 By making a reservation with a Listing Provider, you, as a Guest, accept and agree to the relevant cancellation and no-show policy of that Listing Provider, and to any additional terms and conditions of the Listing Provider that may apply to your reservation or during your stay, including for services rendered and/or products offered by the Listing Provider (the delivery terms and conditions of a Listing Provider can be obtained with the relevant Listing Provider). The general cancellation and no-show policy of each Listing Provider is made available on the Site on the Listing information pages, during the reservation procedure and in the confirmation email. Please check such details thoroughly for any such conditions prior to making your reservation. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Listing Provider. Yes Master Lifestyle Limited will initiate any refunds due.
7.3 If a Listing Provider cancels a confirmed booking made via the Site, Services, and Application, (i) Yes Master! GO, will refund the Total Fees if received for such booking to the applicable Guest, and (ii) the Guest will receive an email or other communication from Yes Master! GO containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Listing Provider associated with such alternative Listing confirms the Guest's requested booking, then the Guest agrees to pay Yes Master! GO the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Listing Provider cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Yes Master! GO, please contact Yes Master! GO.
7.4 You agree that Yes Master! GO may decide, in its sole discretion, that it is necessary or desirable in certain circumstances to cancel a confirmed booking made via the Site, Application and Services. Yes Master! GO may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest. You agree that Yes Master! GO and the relevant Guest or Listing Provider will not have any liability for such cancellations or refunds.
8. No Endorsement
8.1 Yes Master! GO does not endorse any Member, Listing or Accommodation. You understand that any images posted for the Listing or Accommodation (“Posted Images”) are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Posted Images are therefore not an endorsement by Yes Master! GO of any Member, Listing or Accommodation.
8.2 Any references in the Site, Application or Services made to any Member is not an endorsement, certification or guarantee by Yes Master! GO about any Member, including without limitation of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services.
8.3 By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Listing Providers, other Members or other third parties will be limited to a claim against the particular Listing Providers, Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Yes Master! GO with respect to such actions or omissions.
9. Damages Claims
9.1 The Guests are responsible for leaving the Accommodation in the condition that it was when the Guest arrived. Each Guest agrees that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Listing Provider claims ("Damage Claim") with supporting evidence for any damage you made to the Accommodation, including without limitation the furniture, electrical appliances, household items, fixtures and fittings, decoration … etc. in the Accommodation (collectively, “Damage”) together with the repairing/replacement cost of the Damage, you agree to pay the cost of repairing the Damage and/or replacing the damaged items with equivalent items.
9.2 Some Listing Providers may require the Guests to pay, upon booking confirmation or upon check-in, a security deposits in their Listings ("Security Deposits") to cover any possible additional expenses and/or Damage during the Guests’ stay. Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. The Security Deposit is unrelated to any payment received by us for your Accommodation booking. In the event a Security Deposit is required and is paid to Yes Master Lifestyle Limited, the Security Deposit will be remained with Yes Master Lifestyle Limited up to 24 hours after the scheduled or actual, whichever is later, check-out time of the Guest at the applicable Accommodation. Provided that there is no notification of Damage Claim from the Listing Provider to Yes Master! GO within 24 hours after the scheduled or actual (in case that notification of Overstay has already been given to Yes Master! GO), whichever is later, check-out time of the Guest at the applicable Accommodation, Yes Master Lifestyle Limited will refund the Security Deposit to the Guest.
9.3 In the event that within 24 hours after the scheduled or actual (in case that notification of Overstay has already been given to Yes Master! GO), whichever is later, check-out time of the Guest at the applicable Accommodation, the Listing Provider has notified Yes Master! GO a Damage Claim with particulars of the Damage setting out the total sum and breakdowns for repairing/replacing the Damage, Yes Master Lifestyle Limited shall remit the total sum of the Damage Claim as claimed by the Listing Providers, up to the sum of Security Deposit, to the Listing Provider and with the balance of the Security Deposit, if any, remit back to the Guest. Once such remittance(s) is/are made, Yes Master! GO disclaims any and all liability in respect of the Security Deposit. You acknowledge that no obligations for Yes Master! GO to investigate such Damage Claim.
9.4 For any Damage Claim made by a Listing Provider for a confirmed booking of an Accommodation, the Guest will be notified of such Damage Claim and thereafter the Listing Provider will follow up directly with the Guest for the settlement of the Damage Claim. Copy of communication records for the Damage Claim made between the Guest and the Listing Provider may or may not be circulated to Yes Master! GO
9.5 You acknowledge and agree that the negotiation and dispute resolution process of the Damage Claim is a matter entirely between the Users and the Listing Providers such that Yes Master! GO is not a party in that dispute resolution process. Yes Master! GO is not responsible for administering or accepting any Damage Claims by Listing Providers against the Security Deposits or otherwise, and disclaims any and all liability in this regard.
10. Overstay in Accommodations
10.1 Guests agree that a confirmed booking is merely a license granted by the Listing Provider to the Guest to enter and use the Listing for the limited duration of the confirmed booking and in accordance with the Guest's agreement with the Listing Provider. Guests further agree not to commit an Overstay but instead to leave the Accommodation no later than the checkout time specified in the Listing or otherwise agreed between the Listing Provider and the Guest. If a Guest commits an Overstay, the Guest no longer has a license to stay in the Listing and the Listing Provider is entitled to make the Guest leave.
10.2 For any Overstay, Guests agree that the Listing Provider can charge the Guest, for each day or part of a day of the Overstay, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Listing Provider, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Listing Provider to make the Guest leave (collectively, "Additional Sums"). Yes Master Lifestyle Limited will collect Additional Sums from Guests.
11. Use of the Site, Application, Services or Collective Content
11.1 As stated above, these Terms form an agreement between you and Yes Master! GO and Yes Master! GO’s affiliates, including but not necessarily limited to [Yes Master!]. Subject to your compliance with these Terms, Yes Master! GO grants you a limited, restricted, personal, non-exclusive, non-transferable, revocable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application and to access and use the Site only as expressly permitted in these Terms. Yes Master! GO reserves all rights in the Application not expressly granted to you by these Terms.
11.2 Except for this limited license, we do not grant you any other rights or license with respect to the Site, Application or Services; any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to Yes Master! GO or its suppliers and providers, including the Listings.
11.3 You may only use the Site to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the Payment Method you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary.
11.4 You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In addition, you agree not to:
(a) use the Site or its contents for any non-authorized commercial purpose;
(b) make any speculative, false, or fraudulent booking;
(c) access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written permission;
(d) violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
(e) infringe the rights of Yes Master! GO or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right interfere with or damage the Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or any other similar methods or technology;
(f) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(g) deep-link to any portion of the Site (including, without limitation, purchase paths) for any purpose without our express prior written permission;
(h) use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
(i) re-sell, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose;
(j) "frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorization;
(k) deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Site, or any postings which advocate illegal activity;
(l) deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
(m) use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
(n) deliver or provide links to, any postings containing defamatory, slanderous, false or libelous material;
(o) deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
(p) deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
(q) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
(r) manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
(s) use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
(t) attempt to gain unauthorized access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means;
(u) attempt to probe, scan, or test the vulnerability of any Yes Master! GO system or network or breach any security or authentication measures;
(v) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses;
(w) engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services or engage in any deceptive practices considered to be against common search engine guidelines;
(x) do anything else which could cause damage to the Site, the Yes Master! GO group of companies and their employees, Yes Master! GO’s reputation, or would otherwise have a negative impact.
(y) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Yes Master! GO or any of Yes Master! GO's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
(z) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
(aa) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
(bb) recruit or otherwise solicit any Listing Provider or other Member to join third-party services or websites that are competitive to Yes Master! GO, without Yes Master! GO's prior written approval; or
(cc) aiding or abetting any of the above.
11.5 You agree that Yes Master! GO has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
11.6 You agree that Yes Master! GO may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Yes Master! GO or to comply with legal process, (ii) enforce or administer our agreements with users, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Yes Master! GO, its users, or members of the public.
11.7 You acknowledge that Yes Master! GO has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
11.8 You agree that Yes Master! GO reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Yes Master! GO, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
12. Collective Content License
12.1 Subject to your compliance with these Terms, Yes Master! GO grants you a limited, revocable, non-exclusive, non-transferable license, to (i) access and view any Yes Master! GO Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. Any use of the Site, Application, Yes Master! GO Content or Member Content that is not in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.
12.2 The license to use the Site granted to Users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. The aforesaid “general purpose internet search engines” do not include a website or search engine or other service that provides classified listings or bed and breakfast advertisements, or any subset of the same or which is in the business of providing vacation bed and breakfast services or other services that compete with Yes Master! GO.
13. Member Content
13.1 You acknowledge and agree that by making available any Member Content on or through the Site, Application, Services, or through Yes Master! GO promotional campaigns, you hereby grant to Yes Master! GO a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Yes Master! GO does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
13.2 You agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Yes Master! GO promotional campaigns. Further, you acknowledge and agree that we have no duty to pre-screen the Member Content and we are not responsible nor liable for the same. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any Member Content that fails to meet our requirements or otherwise violates these Terms. We may also remove Member Content if it is brought to our attention that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content. We further reserve the right (but do not assume the obligation) to edit Member Content in a non-substantive manner solely to cause the content to comply with our content requirement or formatting requirements.
13.3 All property listings on the Site are submitted by the Listing Providers and are the sole responsibility of the Listing Providers, and we specifically disclaim any and all liability arising from the alleged accuracy of the Listings, property reviews, guest book entries, or any alleged breaches of contract on a Listing Provider's part. Listing Providers are solely responsible for keeping their property information up to date on the Site, including, without limitation to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up to date even in the case where prospective travelers have searched for specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any property descriptions, and travelers are solely responsible for verifying the accuracy of such descriptions.
13.4 If any Content created by Members or Users is translated for display on any Site or any site of any affiliate of Yes Master! GO, the Member or User is solely responsible for the review and accuracy of such translation.
13.5 We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.
14. Your E-mail Address and Newsletters
14.1 In providing your e-mail address to us in connection with any service or tool provided on the Site, Application or Services or during the account registration process, you acknowledge and agree to allow the Site and its affiliated websites to add your e-mail address to our database of Users. You may receive one or more promotional e-mails from either the Site or a website of one of Yes Master! GO’s affiliates. If you receive the Yes Master! GO newsletter, it means that you have subscribed to the newsletters by leaving us your email address. You will receive regularly news on our activities, our promotions. You may unsubscribe or to opt not to receive such promotional e-mails or newsletter from the Site or such affiliates’ websites at any time.
14.3 You further agree that, regardless of your physical location, we may store and process any data transmitted to the Site from such User at locations both within and outside of Hong Kong.
The Site, Application and Services may contain hyperlinks to websites operated by parties other than Yes Master! GO. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. You acknowledge and agree that Yes Master! GO is not responsible or liable in any way for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources, and your use of such sites and resources will not be governed by these Terms.
You may submit feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback") by emailing us, through the http://www.yesmastergo.com/contact or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Yes Master! GO and you hereby irrevocably assign to Yes Master! GO all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Yes Master! GO's request and expense, you will execute documents and take such further acts as Yes Master! GO may reasonably request to assist Yes Master! GO to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
17. Intellectual Property Rights
17.1 The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the Hong Kong and other jurisdictions. You agree that the Site, Application, Services and Collective Content and their associated intellectual property rights are the exclusive property of Yes Master! GO and its licensors. We, and our licensors, own trademark, copyright and/or database right in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content or modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in these Terms. All trademarks, service marks, logos, trade names, and any other proprietary designations of Yes Master! GO used on or in connection with the Site, Application, Services, and Yes Master! GO Content are trademarks or registered trademarks of Yes Master! GO in Hong Kong and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Yes Master! GO Content are used for identification purposes only and may be the property of their respective owners. As a Guest, Listing Provider or Member, or otherwise, you understand and agree that you are bound by the additional terms, guidelines and policies that apply to your use of the Site, Application, Services and Collective Content.
17.2 You may use information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
17.3 Except as otherwise described, the information made available on the Site is the property of Yes Master! GO. A prior authorization in writing is required for the use or reproduction of this information. Yes Master! GO reserves all the intellectual property rights on the Site. Yes Master! GO does not assume any liability for copyrighted materials provided by third parties or any intellectual property right infringements by such third parties.
17.4 Yes Master! GO respects copyright law and expects its users to do the same. It is Yes Master! GO's policy to terminate in appropriate circumstances the Yes Master! GO Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
18. Term and Termination
18.1 This Agreement shall be effective for a 45-day term (“Term”), at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Yes Master! GO terminate the Agreement as described below.
18.2 You may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. If you cancel your Yes Master! GO Account as a Guest, any confirmed booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
18.3 Without limiting our rights specified below, Yes Master! GO may terminate this Agreement for convenience at any time by giving you 45 days' notice via email to your registered email address.
18.4 Yes Master! GO may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Yes Master! GO Account registration, or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Yes Master! GO believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Yes Master! GO or third parties, for fraud prevention, risk assessment, security or investigation purposes.
18.5 If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Yes Master! GO Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Yes Master! GO Account has been suspended or this Agreement has been terminated by us, you may not register a new Yes Master! GO Account or attempt to access and use the Site, Application and Services through other Yes Master! GO Accounts.
18.6 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
19.1 If you choose to use the Site, Application, Services or Collective Content, you do so at your own risk. You acknowledge and agree that Yes Master! GO does not have an obligation to conduct background checks on any Member, including, but not limited to, Guests and Listing Providers, but may conduct such background checks in its sole discretion. If we choose to conduct such checks, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
19.2 The Site, Application, Services and Collective Content are provided without warranty of any whatsoever kind, either express or implied. Without limiting the forgoing, Yes Master! GO explicitly disclaims any warranties of merchantability of any kind whatsoever for the Content on the Site, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Yes Master! GO makes no warranty that the Site, Application, Services, Collective Content, including, but not limited to, the Listings or any Accommodations will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Yes Master! GO makes no warranty regarding the quality of any Listings, Accommodations, Listing Providers, Guests, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site, Application or Services.
19.3 No advice or information, whether oral or written, obtained from Yes Master! GO or through the Site, Application, Services or Collective Content, will create any warranty not expressly made herein.
19.4 You are solely responsible for all of your communications and interactions with other Users of the Site, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Application or Services, including, but not limited to, any Listing Providers or Guests. You understand that Yes Master! GO does not make any attempt to verify the statements of Users of the Site, Application or Services or to review or visit any Accommodations. Yes Master! GO makes no representations or warranties as to the conduct of Users of the Site, Application, or Services or their compatibility with any current or future Users of the Site, Application or Services. You agree to take reasonable precautions in all communications and interactions with other Users of the Site, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Application or Services, including, but not limited to, Guests and Listing Providers, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Yes Master! GO. Yes Master! GO explicitly disclaims all liability for any act or omission of any Guest or other third Party. We do not warrant that the functions contained in the Site, Application or Services or any materials or Content contained therein will be uninterrupted or error free, that effects will be corrected, or that the Site, Application or the Services that makes it available is free of viruses or other harmful components.
19.5 You acknowledge and agree that any transmission to and from this Site is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to us and by posting information on the Site, including the Listings, no confidential, fiduciary, contractual, implied or other relationship is created between you and us other than pursuant to these Terms.
20. Limitation of Liability
20.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Application, Services and Collective Content, your Listing or booking of any Accommodations via the Site, Application and Services, and any contact you have with other Users of Yes Master! GO whether in person or online remains with you. In no event will Yes Master! GO, subsidiaries, affiliates, officers, directors, and/or employees (collectively, “Yes Master! GO Group”), be liable for any lost profits or indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from (i) the Site, Application or Services, (ii) these Terms, (iii) any breach of these Terms by you to a third party, (iv) use of the Site, Application, Services by you or any third party and/or (v) any actual or attempted communication or transaction between Users, in each case, even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) strict liability, (d) tort, (e) negligence, or (f) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by the applicable law.
20.2 If you are dissatisfied with the Site, Application or Services, or you do not agree with any part of the Terms, or have any other dispute or claim with or against us or another User with respect to these Terms, then your sole and exclusive remedy against us is to discontinue using the Site, Application or Services. In all events, our liability, and the liability of any member of the Yes Master! GO Group, to you or any third party in any circumstance arising out of or in connection with the Site, Application or Services is limited to the lesser of (a) the total amount of fees you pay to us in the twelve months prior to the action giving rise to liability or (b) HK$10,000.00 in the aggregate for all claim.
21. Release and Indemnification
You agree to forever discharge, release, defend, indemnify, and hold each member of Yes Master! GO and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, expenses, and disbursement of whatsoever nature, whether known or unknown, including, without limitation, reasonable legal and accounting fees, which now or hereafter arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation; and (d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Accommodation.
22. Entire Agreement
Headings in these Terms are for reference only and do not limit the scope or extent of such section. Save and except as they may be supplemented by additional Yes Master! GO policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Yes Master! GO and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Yes Master! GO and you regarding bookings or listings of Accommodations, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Yes Master! GO's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Yes Master! GO may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Yes Master! GO (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
25.1 Yes Master! GO reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including without limitation the Guest Fees and other applicable fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification (although not obliged to). We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
25.2 Further, the Site, Application and Services have different products, features and offerings, it is possible that sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If such additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
26. Users Eligibility
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
27.1 The failure of Yes Master! GO to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Yes Master! GO. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
27.2 Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site, Application or Services.
27.3 If any one or more of the provisions in this Terms or any part or parts thereof shall be declared or adjudged to be illegal, invalid or unenforceable under any applicable law, but would be valid if certain words or provisions were deleted therefrom, the said provisions shall be deemed to apply with such deletions as may be necessary to make them valid and enforceable and any such deletions shall not thereby affect the validity of any other terms and provisions contained herein.
28. Third Party Beneficiary
The parties do not and are not intended these Terms to confer any rights or remedies upon any person other than the parties and that any one of these Terms to be enforceable pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap. 623).
29. Law and Jurisdiction
These Terms and your use of the Services is governed by and shall be construed in accordance with law of Hong Kong Special Administrative Region and Yes Master! GO and you agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region for any and all actions including without limitation the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.